COURT-MARTIAL.

Press, Volume LIV, Issue 16117, 23 January 1918, Page 10

COURT-MARTIAL.

■f-VO MEN CONVICTED. ANTI-MI UTAH IST DE-NI°N-STIvATIOX. ■||,„ unpleasant tamper ot the onlooker.* irho gathered at tho King l:d----w,f] jSavraeks yesterday to hear ih<> , vi-h-nc at tv.o courts-martial which vere hold, conveyed more than a su- • ration trouble at times, and ug-.y possibilitifs were probably only avotdtcl by the prompt closing of the coin;. Hefore the hour of opening of tiie iirsi. court-martial the gallery outside the ,-ourL-;oor.i was thronged by a large "jithpriiis of the public, many of them w<>li-knout: anti-militarists, :>nd in the throng there were several women and children. Immediately the doors wav opened they rushed in. and as soon as il),» seating accommodation toy the public had hren filled the military noiice prevented more coming in. J hit. was not to the liking of some oi the more fortunate ones inside, and one woman of bellicose attitude began to express her opinions loudly and to tile point of pcrsistinc in her attitude after the four: was opened. A stentorian command for science onlv partially sulv dued her, and then up .iuniped another member of the audience Mrs Page, who. addressing the president of the court, asked whether it was_ not _ a prineipio of British Courts of Justice that the public should be allowed J .o enter the Court-room. . ".Not- when the court- is lull, replied the president. Mrs T'agf proceeded to argue the I point, but. was cut short by the presf- ' dent, who said: "I cannot. allow you to continue. 1 he next time anyone speaks vou will all leave." There' were angry niutterings from the throng, but comparative silence reigned for a while. The courts-martial were established to h'-ar the adjourned eases of Charles K. AVarden and Arthur Borrows, mm were charged with refusing to obey the lawful "commands of their superior officer. The court -was constituted follows: Major A. J. McCreadi.j, N.Z.R.E.. president; Captain J' 1 . Y. Osmood-Stnitb, Ist (Canterbury) Reginient: Captain V. 11. Salter, "Reserve of Officers; Lieutenant, A. G. Maedonald. N.Z.G.A., waiting member. Captain H. G. Tiivingstone was prosecutor. "When Warden and Borrows were preciously before the court- last Saturday. their cases were adjourned because they had not, been medically examined to see i) they were fit t'> stand thfir trial, and in the event oT their being convicted and sentenced, to .stand their punishment. A RELIGIOUS OBJECTOR. The first accused called was "Warden. ~ . "Is this court legally correct, asked Warden, "seeing that on Saturday it was incorrect? I want an assnranon that Lli<? vcrdict not bo upset bv a. technicality." The president; I am satisfied as vo the condition of your health. AVarden : f. am not. Captain Livingstone said a. military certificate would be necessary before accused could be committed. AVarden thereupon pleaded guilty. Major A. E- Conway, officer commanding Group 0, gave evidence a s to AVarden"being called tm in a ballot, and refusing to be medically examined. AVarden: Did I make if clear to you, when 1 interviewed you, Unit I was a reliaious objector? Witness; Oh. yes. This closed the case for the prosecution. . . AA arden elected not to give evidenceon his own behalf, but made a statement/ instead, his main objections to service being religious ones. Ho', also stated that he had paid feu duty in Scotland, which exempted him from rendering service to Great Britain. He claimed that if convicted he would he of more use to the c.ountrv. from an efficiency point of view, doing service other ttia.il military than going to gaol. Accused was prerented by the-presi-dent from 1 , elaborating on most of his points upon tho ground that they had nothing to do with the charge, which, was one of failing to obey a lawful comni.""d. „ The court, after a lengthy coutorence, found accused guilty. MORE ELEMENTS OF TROUBLE. The Warden caso had been heard comparatively quietly, but when the next man, Borrows, appealed, thero was an atmosphere in the room that betokened trouble. An elderly man who gave his nameas J. H. G." Chappie was enlisted by accused as his friend. Accuscd pleaded not guilty. Major Conway stated that Borrows, who was drawn in a ballot, informed him that he was a. religious objector, and would not be> medically examined. Accuscd: Did I tell you, Mr Conway, that I 'was a religious objector? Witness: I am almost certain you said "religious." but perhaps it was Accused said lie had stated that he was a conscientious objector. He had never claimed to be it religious one. This closed the case for tho prosecution. Borrows said hts grounds for opposition wore the same as those.'of tho previous accused, and a,s the court had refused to listen to these, it was useless his wasting time in repeating them. Ho elected not to give evidence himself, but called Chappie. Chappie proceeded to haranguo the Court regarding liberty of conscience, hut was pulled up upon the ground that this had nothing to do with the case. Captain Livingstone tried to explain matters to him, and a warm argument between the two followed, to tho accompaniment of it chorus of remarks from tho ladies in the court. Chappie said lie wished to interpret Borrows T s mind, but was told that he was not legally entitled to do that, the only qualified person being it solicitor. "I am an Englishman, and I believe in constitutional liberty with all an Englishman's love of liberty,'' shouted Chappie excitedly, a sentiment which his admirers in the body of the* court loudly applauded. Finally Chappie asked the president if he would have the ease adjourned to permit of the engagement of counsel on behalf of accuscd. and to this the president assented. •'What is the good," remarked accused to Chappie, "everything is cut i.!.nd dried?" The President: We will hear any evidence you bring forward to show that you are not guilty of this charge"'My advice to you," 6aid Chappie to accused." is to have an adjournment. I will pay the legal expenses." Accused: My -wife is practically cestitutc through the position I have taken ur> over militarism. The President: When will rou be icady. Chappie; A week. The President;'lt must be ; ome time to-day. Captain Livingsione to accused; See a legal man, and he will peruso vnur friend's notes, and see that justice is done Accused urged that the case be proceeded with. What was th 9 good of waiting, lie asked. "Xet it go, let it <~o," be added. "Let the public be tho judges, Mr Chappie. You 6imply have" a "prosecution, a gramophone record, and two years' hard labour." A shriek of laughter burst from the spectators. ! The P resident: Silence! The next j time that sound is heard the court will be cleared. Capt. Livingstone to the President: Kcmarks are bouig made in court that, there i«. « n »'st-icc here. It aaiouuu 1

to contempt of court- T would ask that you sec, that remarks of that kind arc forbidden. Captain Livingstone asked for an adjournment till - o'clock to allow accused to think things over, "and we will come back ill a better lra.mc ol mind," he added. Accuscd: I object. The court adjourned till 2.10 n.m. Upon resuming the court retired to consider its verdict, and camo back immediately with one of guilty. Accused said he did not wish to say anything in mitigation of his penalty, but callcd Chappie for that purpose. The President, said C'hapylo could not give evidence. Chappie: Have I 110 right to speak? There was a riotous clamour of tongues from the rear of the court,. '■'■Silence," roared the President.. "Remove the prisoner. Clear the court. The court is closed.'' Before they can bo promulgated the sentences have to lie confirmed by a higher military authority.